I will try and give a brief about the NFU Matter which is pending in the Hon’ble Supreme Court now since Apr 2017.
I had obtained a favourable Judgement from AFT on 23 Dev 2016 in OA No 802/2015 titled Col Mukul Dev Vs UOI against which the Govt appealed in Hon’ble Supreme Court in Apr 2017. The Govt was able to get a “Stay” on the Contempt Application filed by me in the meanwhile.
I vigorously pursued the case there also and the case was heard finally on 12 March 2019 very extensively, for 5 hrs, by the Bench of Hon’ble Justice Ashok Bhushan and Hon’ble Justice KM Joseph and the judgement was reserved. I was able to put across the arguments forcefully and was sure of a positive outcome. Normally the Hon’ble Supreme Court delivers the judgement in cases within max a month. However, the very next day i.e. on 13 March 19 itself, the Govt made a representation through an Advocate who is a Sr Counsel now and is Ex JAG Branch only, about a very mundane issue of the copy of the Appeal filed by the Govt having not been served to few Respondents. It was a very hyper technical issue which shouldn’t have been accepted. However, that Counsel, who is a known rogue character, “managed” to get the pronouncement of the judgement. The Govt eventually did not still serve the copies to the Respondents and it was me only who located all the unserved Respondents( Retired Armed Forces Offrs) and served them the copies at my personal cost which otherwise was the duty of the Govt.
However, the Govt managed to get the matter deferred on every subsequent date on some or the other pretext and finally both the judges, who heard our matter and had reserved the judgement Retired.
I am now in front of an absolutely new Bench of Hon’ble Justice JK Maheshwari and Hon’ble Justice KL Vishwanathan and I am required to again advance the full arguments from the scratch. This is the present stage.
Yesterday, the matter was again listed after I had filed for vacation of the Stay Order which the Govt is enjoying since 2017. The ASG deputed by the Govt, Mr Vikramjeet Banerjee again came up with an excuse that due to his some “personal difficulty” he was unable to argue and he sought an adjournment again, as usual.
I vehemently opposed any such adjournment and addressed the Bench myself to vacate the Stay Order so that the judgement can be implemented. It appears to me that the Bench has accepted my arguments and after checking their list of cases for 31 Aug 23, has fixed the date of 31 Aug 23 now. Let’s see what new excuse the Govt comes out with on 31 August 23.
I wish to clarify here itself that if I succeed in my endeavour, not only even a widow of an Offr who had passed away way back in 70s or 80s would be benefited but the disparity in between the Armed Forces Offrs and the other Group ‘A’ services would be removed forever. We are supposed to get even the arrears from 23 Dev 2013(Three years prior to the date of judgement). However, it is not the money for which the NFU is required to be given to us but it is for the parity and self respect that we are fighting for.
My sincere thanks to Col SS Rathee who is a great motivator and supporter in all such endeavours of mine. I am really grateful to him even for his logistical support in my this fight.
Col Mukul Dev